A. Balarami Reddy v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO (Special Original Jurisdiction) IVONDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 18234 OF 2022 Between:
1. A. Balarami Reddy, S/o A. Kodanda Rami Reddy, Aged about 74 Years, Fyo. Wadepalli Village and Mandal Jogulamba Gadwal District.
2. A. Hanumantha Reddy, S/o A. Kodanda Rami Reddy, Aged 69 years, H.No.22-71 115, Flal No.503, DD Colony, Bagh Amberpet, Hyderabad
3. A. Sree Ranga Reddy, S/o A. Kodanda Rami Reddy, Aged 66 years, R/o Road No 134, Happy Valley, Banjara Hills, Hyderabad. 4, A, Sree Krishna Reddy, S/o A. Kodanda Rami Reddy, Aged 60 years, Fyo Road No134, Happy Valley, Banjara Hills, Hyderabad.
5. A. Leelavathamma, W/o A. Narasimha Reddy, Aged 70 years, Ulchala Village, Kurnool [,4andal, Kurnool District
6. A. Venkata Lakshmi, D/o A. Madhava Reddy, Aged 25 years, Fyo Road No'134, Happy Valley, Banjara Hills, Hyderabad. ...PETrrONER(S) AND The State of Telangana, Rep. by Principal Secretary, Revenue Department, Secretarlat Buildings, Hyderabad.
The Revenue Divisional OfFicer, Gadwal, Jogulamba Gadwal District. ... RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in lhe nature of writ of Mandamus, declaring the inaction of lhe respondent in not considering the applications filed by the petitioners for granl of Occupancy Rights Certficate (ORC) for the 1st petitioner land in Sy.No.115/A/1, Sy.11glEl2, Sy.No.117lA/7 Admeasuring Ac.O.10 gts, 2nd petitioner is land in Sy.No,116/E/4, Sy.No.117lA/4, Sy.No.118/7/1, Sy,No.1l8/4 admeasuring Ac.0.23 gts, 3rd petitioner land in Sy.No.115/E/5, Sy.No.117lA/5, Sy.No.118/6, Sy.No.118i7/2
admeasuring Ac.0.23 gts, 4th petitioner land in Sy.No.115/E, Sy.No.116/E/3, Sy.No. 117lA/3, Sy.No. 118/3 admeasuring Ac.0.23 gts, sth petitioner land in Sy.No.116/E/1, Sy.No.117lA/1, Sy.No.118/8 Admeasuring Ac.o.19 gts and 6th petitioner land in Sy.No.115/A7l1, Sy.No.116/E/10, Sy.No. l17lA/9, Sy.No.118/'l0 admeasuring Ac.0.23 gts of Waddepalli Village and Mandal, as illegal and consequently direct the 2nd respondent to forthwith. lA NO: 1 OF 2022 t Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith pass orders on the applications filed by the petitioner for grant of Occupancy rights certificate.
Counsel for the Petitioner(s): SRI K. RATHANGA PANI REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER
THE HON,BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT ON No. ta234 of 2022 ORDER:
This Writ Petidon is filed questioning the action of second respondents in not considering the application submitted by the petitioners under Sub-Rule (2) of Rule 6 for granting of occupancy Rights Certilicate (ORC) under Section 38 E of Andhra Pradesh (Telangala State) area Tenancy and Agriculturai Lands Act' 195o in respect of the subject lands' However' the second respondent is not considering the submitted applications but the second respondent is considering the application and without taking any action on the ground that there is a circular not to deal with the land matters'
2, The iearned Government Pieader submitted that Chief Commission of Land Administration has nothing to do with the applications filed under the provisions of AndfuaProdesh(TeranganaAreo)TenancgandAgicuttural Lands Act, 1950 ald the second resPondent is under the obligation to consider the application' in view of the same'
MSK,J W.P.No.l8234 of 2022 the Writ Petition is disposed of directing the second respondent to consider the application submitted by the petitioner for granting ownership in respect of the land of the first petitioner in Survey No.115/A/1, Survey No.116 /E I 2, Survey No. 1 17 I A l7 admeasuring Ac.O. 10 gts, second petitioner's land in Survey No.1i6/E/4, Survey No.117 lA/4, Survey No.118/7/1, Survey No.118/4 admeasuring Ac.O.23 gts, third petitioner's land in Survey No.115/E/5, Survey No.1 17lA/5, Survey No.118/6, Survey No.118/7 /2 admeasuring Ac.0.23 gts, fourth petitioner's lard in Survey No.115/E, Survey No.116/E/3, Survey No.117/A/3, Survey No.118/3 admeasuring Ac.0.23 gts, Iifth petitioner's iand in Survey No. l 16lB/1, Survey No.117/A/1, Survey No.118/8 admeasuring Ac.0.
19 gts and sixth petitioner's land in Survey No,115/A7l1, Survey No.116/E/10, Survey No. 117lA/9, Survey No.1 18/ 10 admeasuring Ac.0.23 gts of Waddepalli Village ald Mandal and pass appropriate orders within a period of two (2) months from the date of receipt of a copy of this order. There is no order as to costs.
MSK,J w.l'.No.18234 of 2022 The miscellaneous petitions pending' if any'
shall stand closed.
SD/-I.NAGALAKSHMI ASSISTANT REGISTRAR .rf*'d" oFFrcER ,TRUE COPY// To,
1. The Principal Secretary, Revenue Department' State ofTelangana' ' i"iretJnaiBuildings, HYderabad'
2. The Revenue Divisional Officer' Gadwal' Jogulamba Gadwal District'
3. One CC to SRI K RATHANGA PANI REDDY Advocate [OPUC]
4. Two CCs to GP FoR REVENUE' High Court for the State of Telangana at Hyderabad [oUT]
5. Two CD Copies
6. One spare coPY.
NPJ \
HIGH COURT DATED:1810412022
ORDER
(:
WP.No.18234 of 2022 [!6 l,,lAY i]:j :
:l WITHOUT COSTS. ,Y* DISPOSING OF THE WRIT PETITION